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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Any person who intends to construct a building, change the purpose of use, install a structure, change the form and quality of land, cut bamboo and trees, divide land, store articles within a zone subject to development restriction shall obtain permission from the competent authority;
On November 2015, the Defendant changed the form and quality of concrete to 1,153 square meters on the previous 1,153 square meters, without obtaining permission from the competent administrative authority, and changed two buildings of 290.4 square meters from sch Rexroth to her panel.
Accordingly, the Defendant changed the form and quality of land and extended the building without obtaining permission from the competent authorities.
2. Any person who constructs a building, changes the purpose of use, installs a structure, changes the form and quality of land, etc. within a development restriction zone without obtaining permission from the competent authorities, shall comply with an order to suspend construction works, or to remove, close, rebuild or relocate a building, structure, etc., or to take other necessary measures with regard thereto, if the competent authorities order such suspension;
Nevertheless, on July 4, 2016, the Defendant issued a corrective order to reinstate the original state from July 30, 2016 with regard to the act of changing the form and quality as described in paragraph (1) from the subordinate market. However, the Defendant did not comply with the corrective order.
Summary of Evidence
1. Statement by the defendant in court;
1. A written investigation and corrective order of violation;
1. Land register, confirmation certificate of land use plan, and ledger of each ordinary building;
1. Application of Acts and subordinate statutes governing status photographs;
1. Relevant Article 32 Subparag. 1 of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on the Selective Development of Punishment, Article 32 Subparag. 1 of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on Development, the proviso to Article 12 Subparag. 1 of the Act on Special Measures for Designation and Management of Areas subject to Restriction on Development, Article 32 Subparag. 2 of the Act on Special Measures for Designation and Management of Areas subject to Restriction on Development, and Article 30(1) of the Act on Special Measures
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act of the community service order: Restoration to original state.